The Corpus Callosum

Texas Bans ALL Marriages

Reasonable persons still wonder why some others insist that permitting
gay marriage will threaten heterosexual marriage.  Now we find
out: it happens as an unintended consequence.  Take Texas (please):

href="http://www.miamiherald.com/news/politics/AP/story/1340136.html">Texas’
gay marriage ban may have banned all marriages

By Dave Montgomery
Fort Worth Star-Telegram
Posted on Wednesday, 11.18.09

AUSTIN — Texans: Are you really married?

Maybe not.

Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for
attorney general, says that a 22-word clause in a 2005 constitutional
amendment designed to ban gay marriages erroneously endangers the legal
status of all marriages in the state.

The amendment, approved by the Legislature and overwhelmingly ratified
by voters, declares that “marriage in this state shall consist only of
the union of one man and one woman.” But the troublemaking phrase, as
Radnofsky sees it, is Subsection B, which declares:

“This state or a political subdivision of this state may not create or
recognize any legal status identical or similar to marriage.”

It appears that the authors of the provision were trying to make the
wording broad enough to capture any conceivable form of gay civil
union, whatever it might be called.  But they ended up making it
so broad, that it captures all marraige.  It seems
inescapable to conclude that heterosexual marriage is “identical to
marriage.”  That is what “true by definition” means.

The remainder of the article outlines the efforts being made to say
that the document does not say what it says.  The amusing part of
this is that some of the people making those arguments may be the same
ones who argue for a strict interpretation of the Constitution, and a
literal interpretation of their bible. 

Comments

  1. #1 mikespeir
    November 20, 2009

    I feel the need to say again that just because I was born here and live here does not make me a Texan! *sigh*

  2. #2 Badger3k
    November 20, 2009

    I voted against this bigoted garbage, and I’m glad it’s coming around to bite them in the posterior. The hypocrisy of these bigots is astounding, but that’s what a lot of Texans are. Heck, we even have anti-choice morons coming to stand outside our school (across the street) and have some “memorial” for that anti-choice idiot who was killed by that other idiot. What a state. At least the people I know are sane.

  3. #3 NewEnglandBob
    November 20, 2009

    That is what those morons who try to control the lives of others get for their arrogance. They oppose freedom for some and it winds up hurting all. So typical.

  4. #4 rpenner
    November 20, 2009

    Wikipedia links to news articles from 2005 that cover this claim, including WND.

    http://en.wikipedia.org/wiki/Texas_proposition_2_(2005)

    http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.1.htm#1.32

    “Article I. Section 32. MARRIAGE. (a) Marriage in this state shall consist only of the union of one man and one woman.

    (b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.”

    Brutally awful.

  5. #5 rob
    November 20, 2009

    lol. idiots.

  6. #6 Crudely Wrott
    November 20, 2009

    A state has to know its limitations.
    [/ Dirty Harry]

    And, sometimes, you just have to be careful what you wish for.

    This is absolutely hilarious! May the Great State of Texas feel free to wallow in its excesses! Woot! hee heeeee

  7. #7 cm
    November 21, 2009

    At first I thought maybe there was a way to read it that meant it didn’t ban all marriage. But then I read it again, and yes, by taking out words that don’t change the meaning, we have:

    (a) Marriage in this state shall consist only of the union of one man and one woman.

    (b) This state…may not…recognize any legal status identical…to marriage.

    It seems pretty clear. The state won’t recognize any legal status to the union of one man and one woman.

    That is hip, Texas!

  8. #8 dış cephe
    November 22, 2009

    I voted against this bigoted garbage, and I’m glad it’s coming around to bite them in the posterior. Thanks.

  9. #9 Wolter
    November 22, 2009

    Where a) declares that a same sex marriage is not a marriage and b) states that a marriage is not legal, doesn’t that make a gay marriage legal again?

  10. #10 Pope Snarky
    July 3, 2010

    Hail Eris!

    The most brilliant self-nuke EVAR. Texas’ FAIL is also a WIN!

    Snarky

  11. Hail Eris!

    The most brilliant self-nuke EVAR. Texas’ FAIL is also a WIN!

    Snarky